[Federal Register Volume 76, Number 174 (Thursday, September 8, 2011)]
[Proposed Rules]
[Pages 55614-55616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22933]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2011-0971; Directorate Identifier 2011-CE-030-AD]
RIN 2120-AA64
Airworthiness Directives; Pacific Aerospace Limited Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
Pacific Aerospace Limited Models FU24-954 and FU24A-954 airplanes
modified with an unapproved hopper lid modification. This proposed AD
results from mandatory continuing airworthiness information (MCAI)
originated by an aviation authority of another country to identify and
correct an unsafe condition on an aviation product. The MCAI describes
the unsafe condition as:
Investigation of a recent Cresco 08-600 accident identified a
risk of the hopper lid interfering with the opening of the canopy in
the event of an emergency landing. The pilot was prevented from
opening the canopy by the hopper lid in the fully forward open
position. This AD is issued due to the fact that the hopper lid
installation on the accident aircraft was an unapproved modification
and the Fletcher FU24 hopper installation is a similar design to the
Cresco 08-600.
The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.
DATES: We must receive comments on this proposed AD by October 24,
2011.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (telephone (800) 647-5527) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.
FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329-4146; fax: (816) 329-4090; e-mail:
[email protected].
SUPPLEMENTARY INFORMATION:
[[Page 55615]]
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2011-0971;
Directorate Identifier 2011-CE-030-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
The Civil Aviation Authority, which is the aviation authority for
New Zealand, has issued AD DCA/FU24/180, dated July 28, 2011 (referred
to after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:
Investigation of a recent Cresco 08-600 accident identified a
risk of the hopper lid interfering with the opening of the canopy in
the event of an emergency landing. The pilot was prevented from
opening the canopy by the hopper lid in the fully forward open
position. This AD is issued due to the fact that the hopper lid
installation on the accident aircraft was an unapproved modification
and the Fletcher FU24 hopper installation is a similar design to the
Cresco 08-600.
The MCAI requires reviewing the aircraft records, doing a conformity
inspection for an approved design hopper lid installation, and removing
the hopper lid installation, if not an approved design. You may obtain
further information by examining the MCAI in the AD docket.
FAA's Determination and Requirements of the Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are proposing this AD because
we evaluated all information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.
Differences Between This Proposed AD and the MCAI or Service
Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
Costs of Compliance
We estimate that this proposed AD will affect 1 product of U.S.
registry. We also estimate that it would take about 1 work-hour per
product to comply with the basic requirements of this proposed AD. The
average labor rate is $85 per work-hour. Required parts would cost
about $0 per product.
Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $85, or $85 per product.
In addition, we estimate that any necessary follow-on actions would
take about 6 work-hours and require parts costing $0, for a cost of
$510 per product. We have no way of determining the number of products
that may need these actions.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by adding the following new AD:
Pacific Aerospace Limited: Docket No. FAA-2011-0971; Directorate
Identifier 2011-CE-030-AD.
Comments Due Date
(a) We must receive comments by October 24, 2011.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Pacific Aerospace Limited Models FU24-954
and FU24A-954 airplanes, all serial numbers, certificated in any
category.
Subject
(d) Air Transport Association of America (ATA) Code 52: Doors.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
Investigation of a recent Cresco 08-600 accident identified a
risk of the hopper lid interfering with the opening of the canopy in
the event of an emergency landing. The pilot was prevented from
opening the canopy by the hopper lid in the fully forward open
position. This AD is issued due to the fact that the hopper lid
installation on the
[[Page 55616]]
accident aircraft was an unapproved modification and the Fletcher
FU24 hopper installation is a similar design to the Cresco 08-600.
The MCAI requires reviewing the aircraft records, doing a conformity
inspection for an approved design hopper lid installation, and
removing the hopper lid installation, if not an approved design.
Actions and Compliance
(f) Unless already done, do the following actions within 150
hours time-in-service (TIS) after the effective date of this AD or
within 12 calendar months after the effective date of this AD,
whichever occurs first:
(1) Review the aircraft records and determine whether a hopper
lid modification has been recorded. If a hopper lid modification has
been recorded, determine whether the aircraft was certified for
release to service after completion of the modification and whether
the applicable approved technical data (supplemental type
certificate (STC) or field approval) is referenced. Visually inspect
for an unapproved hopper lid modification.
(2) If the hopper lid modification is an approved design, do a
conformity inspection and determine whether the hopper lid
modification conforms to the applicable approved technical data
(supplemental type certificate (STC) or field approval).
(3) If the hopper lid modification is not an approved design
(STC or field approval), before further flight, remove the hopper
lid installation.
Note 1: The Frontier-Aerospace Incorporated Models Fletcher FU-
24 and Fletcher FU-24A airplanes are U.S. type-certificated
airplanes and do not have this unsafe condition.
Note 2: The basic hopper installation for the Pacific Aerospace
Limited Model FU24-954 airplane does not include a hopper lid due to
the canopy sliding partly over the hopper inlet. A separate approval
must be obtained to install a hopper lid.
FAA AD Differences
Note 3: This AD differs from the MCAI and/or service information
as follows: No differences.
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Karl Schletzbaum, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329-4146; fax: (816) 329-4090; e-
mail: [email protected]. Before using any approved AMOC on
any airplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
(3) Reporting Requirements: For any reporting requirement in
this AD, a Federal agency may not conduct or sponsor, and a person
is not required to respond to, nor shall a person be subject to a
penalty for failure to comply with a collection of information
subject to the requirements of the Paperwork Reduction Act unless
that collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave., SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.
Related Information
(h) MCAI Civil Aviation Authority (CAA) AD DCA/FU24/180, dated
July 28, 2011, for related information. You may review copies of the
referenced service information at the FAA, Small Airplane
Directorate, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call
(816) 329-4148.
Issued in Kansas City, Missouri, on August 31, 2011.
Earl Lawrence,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-22933 Filed 9-7-11; 8:45 am]
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